Wii U’s restrictive DRM is a baffling throwback

Op-Ed: It's time for the Big N to catch up to other digital delivery companies.

The new Nintendo Network ID system that debuted on the Wii U is a sign of progress for a company that has, historically, not shown a lot of savvy in setting up its online systems. The Wii U lets users connect up to 12 separate Nintendo Network IDs to a single system and use those IDs to easily connect with online friends and strangers. The new Wii U eShop includes many retail games for download on the same day they reach stores, and does away with the "Wii Points" virtual currency that characterized Nintendo's previous console. The company has even promised to roll out a cloud save feature sometime next year.

Given all of these improvements, it's a bit baffling that Nintendo is still caught in the past when it comes to the extremely limiting digital rights management system that ties downloaded game and content purchases to a single console.

Tying downloaded games to a single system means there's no way for a user to access those games at a friend's house short of lugging the entire system along (yes, the Wii is a lot smaller and lighter than other contemporary systems, but still...). It also means a game downloaded to the Wii U in the living room won't be playable on a second system in the kids' room, even if the same password-protected Nintendo Network ID was used on both systems.

It also means that if your system breaks down, you can't just go buy a new one (or borrow one from a friend) and immediately recover your content using your account. Instead, you have to go through Nintendo's official repair process, waiting up to two weeks for the system to be returned just to maintain the system-locked license data—a caveat I learned about first hand recently. And in the extreme case your Wii U is stolen, it seems there's no way to recover your purchased games (Nintendo has refused numerous requests for comment on its DRM scheme). Sure, you can back up purchases to a USB hard drive, but thanks to this licensing scheme, those backups are no more portable than the actual bits stored on the Wii U's internal storage.

This DRM scheme was already retrograde when Nintendo was still getting its online feet wet with the Wii, but it's really backward in late 2012, when every other major game platform has figured out ways to protect downloaded content while also making it accessible across devices. Microsoft allows downloaded Xbox 360 games to be played on secondary systems as long as you're actively logged in with your Gamertag, and it allows users to transfer an entire library to a new system using a "Gamertag recovery" feature. Sony only lets you download purchased content onto two systems at a time (disappointingly down from a limit of five before last November) but at least the company lets you use an online deactivation tool to remove a broken or lost system from that count. Most games on Steam can be downloaded and installed on any number of machines using the same Steam account, and iOS and Android apps can be easily synced across multiple devices with an online account.

I understand that Nintendo is worried about piracy, but its not like Microsoft, Sony, Valve, Apple and Google aren't. Yet those companies have all found their own ways to balance protection for their online stores with the ability for users to access that content in their own way.

Nintendo can still follow their lead—it would be trivial to push out an online system update that removed the one-system-per-download limit for the Wii U eShop (while we're at it, they could do the same thing for the 3DS). I doubt letting the same Nintendo Network ID play games on a handful of systems is going to lead to Wii U account sharing rings to split purchase costs. Opening legitimate purchases up for more than one console will also have absolutely no effect on the determined hackers that are already trying to open the system up to homebrew and pirated software.

What it would do is make the process of downloading games more attractive and easier to use to the benefit of both users and sales for Nintendo's newly expanded eShop. It's well past time for Nintendo to catch up to the competition in this regard.

Promoted Comments

First off - there's a LOT of legal problems asking information from a minor. Even an email address. So Nintendo's system doesn't require an account to download anything. You can go into the shop from a brand new console and download stuff without having to create an account. So there's practically no identifying information Nintendo stores.

So every user and buyer is anonymous - how do you protect the content so one anonymous user doesn't share their stuff with another anonymous user?

I suppose you could require a parent to set it up to create an account in their name and all that, but that's practically a non-starter (harried parent brings it home, gets it connected and wants to get back with their day).

Of course, perhaps if they let you use your Club Nintendo account to store your store purchases, but then again, it runs afoul of laws since the account was created for one purpose and used for another.

Or perhaps the old system could display a user ID and password used to register it with another system and both must use the same IP to be successfully shared?

How would you design it? Remember, you must take into account what you can ask from children under 12 who may be using the system, various privacy laws on what you can do with information from children, and allow the DRM system to be loosened?

Stupid yes throwback no. Why does the article have to say Nintendo is behind the curve? Maybe they want you to have to buy a version for every console?

If they do indeed WANT that, then this is definitely behind the curve. Users definitely don't want that, and I can't think of a single person I know who's willing to tolerate that kind of limitation with PC games.

I have a Wii. I've also had a few DS units. One of the reasons I have not bought virtual console games is the fact that I can't transfer them to new consoles.

I had to replace an XBox console barely a week after I purchased it. Re-installing my purchased content was painless. Why not on Wii?

Listen to what your users are saying, Nintendo. This kind of stuff is costing you money.

Stupid yes throwback no. Why does the article have to say Nintendo is behind the curve? Maybe they want you to have to buy a version for every console?

Yes, it's both stupid and a throwback.

I can no more use my downloaded games for my 360 on 2 consoles simultaneously than I can on a Wii U. I can however take my HDD with me and use my downloaded games on another 360 or replacement 360 without any headaches. Downloaded games on the 360 are still limited to one console at a time, just not in such an antiquated and anti-user fashion.

I'm a retailer of import games from Japan, and Nintendo's craptastic attitude towards DRM and region locks has caused us to completely stop supporting them in any way. Why can't fans import some cool IdolMaster or other game and play it on their systems? They can for PSP/PS3/PSVita, and that's why we push Sony's platform happily.

I also sold all my Nintendo stock. Don't need anything from that pathetic company anymore.

I'm a retailer of import games from Japan, and Nintendo's craptastic attitude towards DRM and region locks has caused us to completely stop supporting them in any way. Why can't fans import some cool IdolMaster or other game and play it on their systems? They can for PSP/PS3/PSVita, and that's why we push Sony's platform happily.

That is so true. Even the 3DS has a region lock on it when the DS that preceded it did not. I bought a Japanese 3DS to play one game, but because of the region lock, I would not buy any games I saw in stores since I knew I would not be able to run them. There haven't been any other 3DS games that would convince me to buy an entirely new 3DS for them, though I would have bought several games if I could have run them on my Jap 3DS.

The same thing goes for their account system. I signed up for a Japanese PSN account easily from Sony, no hassle about it. (Just have to be able to read Japanese) But Nintendo requires me to have a Japanese name and Japanese address. And.... I just can't be bothered making them up, especially the name! I'm not willing to use a credit card without having an account with them first, so that's lost sales in the eShop for them.

My Wii broke. I did not want to replace or repair it since the Wii U was announced and I'd rather save up and get that. I'd have to pay $85 to first fix my Wii to allow transferring of content I bought. Now they plan do this shit again? They have it all linked to my Nintendo Club account too.

Nintendo is a very un-consumer friendly company IMO. Having to rebuy the same VC games for 3DS is also incredibly silly. They should really take a look at Sony's system. I can play my PS1 classics on my PS3,PSP and Vita and if I was crazy could play them all at the same time. I can also redownload them if I get a new console too.

While I definitely agree with the overall message of this Op-Ed, you might want to refrain from using random unsubstantiated assumption like:

Quote:

it would be trivial to push out an online system update that removed the one-system-per-download limit for the Wii U eShop

edit: the "trivial" part

Agreed. One should never assume anything related to software development is easy. It is very rarely the case. Statements like that are right around "last-minute design changes" on a programmer's list of favorite things.

I had a Wii system stolen out of my house about 3 years ago. I had to fax Nintendo a copy of the police report to substantiate my claim, but they did help me and gave me download codes for my purchased content.

Nintendo does have an antiquated DRM system, don't get me wrong, but I've never had a problem with their customer service. In fact, it was actually a lot better than dealing with Sony to get my PS3 deactivated off my PSN account. There is a lot for Nintendo to improve with the Wii U, but I think they are at least making steps in the right direction. Hopefully clearing up some of the account and DRM stuff is on their list. I don't think this would be a massive problem for a lot of people, but it is annoying for those who are accustomed to more flexible DRM systems.

First off - there's a LOT of legal problems asking information from a minor. Even an email address. So Nintendo's system doesn't require an account to download anything. You can go into the shop from a brand new console and download stuff without having to create an account. So there's practically no identifying information Nintendo stores.

So every user and buyer is anonymous - how do you protect the content so one anonymous user doesn't share their stuff with another anonymous user?

I suppose you could require a parent to set it up to create an account in their name and all that, but that's practically a non-starter (harried parent brings it home, gets it connected and wants to get back with their day).

Of course, perhaps if they let you use your Club Nintendo account to store your store purchases, but then again, it runs afoul of laws since the account was created for one purpose and used for another.

Or perhaps the old system could display a user ID and password used to register it with another system and both must use the same IP to be successfully shared?

How would you design it? Remember, you must take into account what you can ask from children under 12 who may be using the system, various privacy laws on what you can do with information from children, and allow the DRM system to be loosened?

First off - there's a LOT of legal problems asking information from a minor. Even an email address. So Nintendo's system doesn't require an account to download anything. You can go into the shop from a brand new console and download stuff without having to create an account. So there's practically no identifying information Nintendo stores.

How would you design it? Remember, you must take into account what you can ask from children under 12 who may be using the system, various privacy laws on what you can do with information from children, and allow the DRM system to be loosened?

Agreed these are nontrivial problems, but they've been handled by multiple other platforms. Since the system will want payment methods for downloads, having an adult create the account seems pretty obvious.

Considering how raped the Wii got with all the hacking.. I really don't blame them. I'm not saying their system is perfect, but I understand their willingness to protect it where they can. That said, I know I will be getting games on disc over downloadable e-content.

there's a LOT of legal problems asking information from a minor. Even an email address. So Nintendo's system doesn't require an account to download anything. You can go into the shop from a brand new console and download stuff without having to create an account. So there's practically no identifying information Nintendo stores.

Of course they do use identifying information of some sort, since that's essential, but this information is contained in codes hardwired into your console. If they really need a system that doesn't rely on an adult setting up and managing an account, then make those hardware codes portable - there are plenty of security systems that use hardware dongles and they're extremely secure (try torrenting a copy of cubase 7, or 6 for that matter). Of course if you lose the dongle you'll lose your games, so it'll need to be secured to the system in a way where it can't be casually removed, but it offers the possibility of moving your 'identity' and all the games associated with it over to a new system with far less hassle than required now. You'd still lose all your games if the box got stolen, but that's a case for customer service as someone mentioned above.

It's not as flexible as an account-based system. But if they can't use that for legal reasons then a dongle approach would offer a lot more convenience than their users currently enjoy.

Well, for you guys who havent been staying in Japan, according to Japanese Copyright Laws, the DRM is tied to the DEVICE itself and because of such law, you dont have streaming services available in Japan. Well, personally I think the Japanese should really wake up. That law is really flawed in terms of practical issues and the norms of today where people tend to move around a lot and have multiple devices. From Nintendo side of view, they are merely complying to Japan's law but in globalization point of view, they should have a different way of handling it on countries other than Japan. Japan says "Globalization"GlobalizationGlobalizationGlobalizationGlobalizationGlobalizationGlobalizationGlobalization but I am really starting to doubt do they really understand what is "Globalization". I cant imagine Nintendo is making this kind of flaws.... Appe's App Store and Google's Google Play found ways to do it, so Nintendo should be able too... ==;;;; Really... They are really plannning their demise in this world where portable devices are near capable of doing what their console counterparts are doing..

Considering how raped the Wii got with all the hacking.. I really don't blame them. I'm not saying their system is perfect, but I understand their willingness to protect it where they can. That said, I know I will be getting games on disc over downloadable e-content.

But they had the same scheme on the Wii. Your comment only makes sense in the context of this being a response, but it's clearly not. It's just the status quo.

Nintendo has always been as restrictive as it possibly can be. While historically, Nintendo has been the developer's worst nightmare, it's so ingrained at this point that it's just the Nintendo thing to do. Disable by default, enable only what needs to be for the system to work.

Region lockouts, being walked away from by modern markets, a big part of the Wii U experience. The same end-user DRM which was so very effective with the Wii rears its malformed head.

However, the big reason for locking down a console is not piracy or regions, it's developers. Nintendo wants that $x per game sale and certainly doesn't want anyone making games without Nintendo's approval. Developers are evil and cannot be trusted and must be kept in our sight at all times.

I don't know about the US, but this kind of DRM is in violation of European Union law. I am looking forward to the first lawsuits. Nintendo will have to change this. EU law will be tightenend even mire in the future: Steam, Xbox Live, PSN... they all will have to change their systems, for example enablng users to resell games they bought which is mandatory in Europe.

The article makes good sense, but as a Wii and Wii U owner I personally don't have a problem with Nintendo's approach. It has had no negative impact on me or my gaming habits.

I transferred all my Wii VC games over without a problem, and can play ZombiU without a disc since i bought it from the eShop. As a regular consumer, everything seems fine to me. I don't intend to buy another Wii U and if my old one broke or was stolen, I'm quietly confident Nintendo would help me transfer what I bought. Their customer service is excellent.

Much ado about nothing, or at least about something that will only affect a relatively small percentage of users.

Don't get me wrong I love Steam and use it a lot, but how often do I move all my content to another PC? Rarely if ever.

I don't know about the US, but this kind of DRM is in violation of European Union law. I am looking forward to the first lawsuits. Nintendo will have to change this. EU law will be tightenend even mire in the future: Steam, Xbox Live, PSN... they all will have to change their systems, for example enablng users to resell games they bought which is mandatory in Europe.

That is a very good point and I think this doesn't only concern games, I think it is the same for all the other downloadable content (music, films and books). This will require massive changes in the infrastructure of e-tailers like Amazon, iTunes and Steam and will pose many problems before all issues are resolved. It will also probably drive some of the smaller businesses (I hope Baen Books won't be one of them) out of the European market altogether but I still think the end result will be better for the consumer.

I suppose you could require a parent to set it up to create an account in their name and all that, but that's practically a non-starter (harried parent brings it home, gets it connected and wants to get back with their day).

First off - there's a LOT of legal problems asking information from a minor. Even an email address. So Nintendo's system doesn't require an account to download anything. You can go into the shop from a brand new console and download stuff without having to create an account. So there's practically no identifying information Nintendo stores.

So every user and buyer is anonymous - how do you protect the content so one anonymous user doesn't share their stuff with another anonymous user?

I suppose you could require a parent to set it up to create an account in their name and all that, but that's practically a non-starter (harried parent brings it home, gets it connected and wants to get back with their day).

Of course, perhaps if they let you use your Club Nintendo account to store your store purchases, but then again, it runs afoul of laws since the account was created for one purpose and used for another.

Or perhaps the old system could display a user ID and password used to register it with another system and both must use the same IP to be successfully shared?

How would you design it? Remember, you must take into account what you can ask from children under 12 who may be using the system, various privacy laws on what you can do with information from children, and allow the DRM system to be loosened?

This is only for eShop games I believe (eShop being Nintendo's digital distribution platform).

I don't think Nintendo is stuck. The (current) system locked DRM system could be the default behavior, but if a user makes a purchase with a credit card then they can register for an account that adds more functionality.

Then Nintendo doesn't have to worry about asking registration from children, but has the option of giving people more functionality if desired.

Tested this myself. It is insane that I, as an adult, cannot buy any game I like. I can deal with the DRM issues, Nintendo have been good to me over the phone, even when I sold my 3DS they restored my content on a new one. Yeah, it can be a hassle, but it works. This step is just plain weird.

Kyle Orland / Kyle is the Senior Gaming Editor at Ars Technica, specializing in video game hardware and software. He has journalism and computer science degrees from University of Maryland. He is based in Pittsburgh, PA.